Rule 33
Section 1. Demurrer to evidence. — After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied he shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. (Rules of Court) |
|---|
What is a demurrer to evidence?
A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence and is presented after the plaintiff rests his case. It is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue. The evidence contemplated by the rule on demurrer is that which pertains to the merits of the case. (Gonzales et al. vs. Sps. Bugaay, et al., G.R. No. 173008, February 22, 2012)
What is the ground for demurrer to evidence in civil case?
The only ground for demurrer to evidence is that the plaintiff has shown no right to relief. (Rule 33, Sec. 1)
When can a demurrer to evidence be filed?
It can be filed after plaintiff completed the presentation of his evidence. This is exactly after the court ruled on the plaintiff's formal offer of evidence. (Cabador vs People, G.R. No. 186001, October 2, 2009)
Is leave of court necessary to file a demurrer to evidence in civil cases?
In civil cases, there's no need for leave of court to file a demurrer.
What is the implication of the denial of the demurrer to evidence? What is the remedy of the defendant in case of denial?
● From the point of view of the court, the evidence of plaintiff is sufficient prima facie to support his case. Hence, the remedy of the defendant is to present his evidence. The court should set the date for the reception of the defendant’s evidence-in-chief (Northwest Airlines vs. CA, G.R. No. 120334. January 20, 1998)
● In a civil case, if a demurrer is denied, the defendant may proceed to present his evidence. In a criminal case, if the demurrer is denied, the accused may adduce his evidence only if the demurrer is field with leave of court.
If the demurrer is denied, can the defendant file a motion for reconsideration?
Yes.
If the motion for reconsideration is denied, can defendant appeal the denial of the demurrer? Can he file a petition for certiorari?
An order denying a demurrer to evidence is interlocutory and is therefore, not appealable. It can however be the subject of a petition for certiorari under Rule 65 in case of grave abuse of discretion or an oppressive exercise of judicial authority.
What is the implication of the grant of the demurrer to evidence? What is the effect of the grant? What then is the remedy of the plaintiff?
The grant of the demurrer to evidence is a pronouncement by the court that the evidence of plaintiff is not sufficient to prove his case. Hence, the case is dismissed. The remedy of plaintiff is to appeal the order of dismissal.
If plaintiff appealed and the appellate court reversed the order of dismissal, what is the implication of such reversal?
The implication is that the evidence of plaintiff is sufficient to prove his case. So, the order of dismissal is set aside.
What is the effect of the reversal order of dismissal on the right of defendant to present his evidence? Can the defendant still present evidence if the appellate court reversed the order of dismissal?
Defendant cannot present his evidence, because by electing to file a demurrer to evidence, he, in effect, submitted the case for decision solely on the basis of the evidence of the plaintiff. (Rule 33, Sec. 1)
In case of reversal, the appellate court shall resolve the case and render judgment on the merits based on the available evidence.
It is not correct for the appellate court reversing the order granting the demurrer to remand the case to the trial court for further proceedings. The appellate court should, instead of remanding the case, render judgment on the basis of the evidence submitted by the plaintiff (Radiowealth Finance Corp. vs. Del Rosario, G.R. No. 138739. July 6, 2000).
In a civil case, can a court render a demurrer to evidence motu proprio?
No. In a civil case, the court cannot render a demurrer to evidence motu proprio. In a criminal case, the court can render a demurrer to evidence on its own initiative after giving the prosecution the opportunity to be heard.
Can we apply by analogy or in a suppletory character and whenever practicable and convenient Section 1, Rule 33 of the 1997 Rules of Civil Procedure, as amended, on a demurrer to evidence in an election protest?
It should be underscored that the nature of an election protest case differs from an ordinary civil action. Because of this difference, the Rules of Civil Procedure on demurrer to evidence cannot apply to election cases even by analogy or in a suppletory character, especially because the application of said Rules would not be practicable and convenient. (Gementiza vs. Comelec, G.R. No. 140884. March 6, 2001)
Read:
Motion to Dismiss vs. Demurrer to Evidence
Demurrer in Civil Case vs. Demurrer in Criminal Case
Demurrer to Evidence in Criminal Cases
When can a demurrer to evidence be filed?
It can be filed after plaintiff completed the presentation of his evidence. This is exactly after the court ruled on the plaintiff's formal offer of evidence. (Cabador vs People, G.R. No. 186001, October 2, 2009)
Is leave of court necessary to file a demurrer to evidence in civil cases?
In civil cases, there's no need for leave of court to file a demurrer.
What is the implication of the denial of the demurrer to evidence? What is the remedy of the defendant in case of denial?
● From the point of view of the court, the evidence of plaintiff is sufficient prima facie to support his case. Hence, the remedy of the defendant is to present his evidence. The court should set the date for the reception of the defendant’s evidence-in-chief (Northwest Airlines vs. CA, G.R. No. 120334. January 20, 1998)
● In a civil case, if a demurrer is denied, the defendant may proceed to present his evidence. In a criminal case, if the demurrer is denied, the accused may adduce his evidence only if the demurrer is field with leave of court.
If the demurrer is denied, can the defendant file a motion for reconsideration?
Yes.
If the motion for reconsideration is denied, can defendant appeal the denial of the demurrer? Can he file a petition for certiorari?
An order denying a demurrer to evidence is interlocutory and is therefore, not appealable. It can however be the subject of a petition for certiorari under Rule 65 in case of grave abuse of discretion or an oppressive exercise of judicial authority.
What is the implication of the grant of the demurrer to evidence? What is the effect of the grant? What then is the remedy of the plaintiff?
The grant of the demurrer to evidence is a pronouncement by the court that the evidence of plaintiff is not sufficient to prove his case. Hence, the case is dismissed. The remedy of plaintiff is to appeal the order of dismissal.
If plaintiff appealed and the appellate court reversed the order of dismissal, what is the implication of such reversal?
The implication is that the evidence of plaintiff is sufficient to prove his case. So, the order of dismissal is set aside.
What is the effect of the reversal order of dismissal on the right of defendant to present his evidence? Can the defendant still present evidence if the appellate court reversed the order of dismissal?
Defendant cannot present his evidence, because by electing to file a demurrer to evidence, he, in effect, submitted the case for decision solely on the basis of the evidence of the plaintiff. (Rule 33, Sec. 1)
In case of reversal, the appellate court shall resolve the case and render judgment on the merits based on the available evidence.
It is not correct for the appellate court reversing the order granting the demurrer to remand the case to the trial court for further proceedings. The appellate court should, instead of remanding the case, render judgment on the basis of the evidence submitted by the plaintiff (Radiowealth Finance Corp. vs. Del Rosario, G.R. No. 138739. July 6, 2000).
In a civil case, can a court render a demurrer to evidence motu proprio?
No. In a civil case, the court cannot render a demurrer to evidence motu proprio. In a criminal case, the court can render a demurrer to evidence on its own initiative after giving the prosecution the opportunity to be heard.
Can we apply by analogy or in a suppletory character and whenever practicable and convenient Section 1, Rule 33 of the 1997 Rules of Civil Procedure, as amended, on a demurrer to evidence in an election protest?
It should be underscored that the nature of an election protest case differs from an ordinary civil action. Because of this difference, the Rules of Civil Procedure on demurrer to evidence cannot apply to election cases even by analogy or in a suppletory character, especially because the application of said Rules would not be practicable and convenient. (Gementiza vs. Comelec, G.R. No. 140884. March 6, 2001)
Read:
Motion to Dismiss vs. Demurrer to Evidence
Demurrer in Civil Case vs. Demurrer in Criminal Case
Demurrer to Evidence in Criminal Cases
0 Comments
Post a Comment